§ 272.4. Commercial use.
466 words·~2 min read·
/us/cfr/t36/s§ 272.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)General. The Chief may authorize the Commercial manufacture, importation, reproduction, or use of Woodsy Owl upon the following findings:
(1)That the proposed use of Woodsy Owl will contribute to public knowledge about wise use of the environment and programs which foster maintenance and improvement of environmental quality.
(2)That the proposed use is consistent with the status of Woodsy Owl as a national symbol for a public service campaign to promote wise use of the environment and programs which foster maintenance and improvement of environmental quality.
(3)That a use charge, royalty charge, or payment in kind which is reasonably related to the commercial value has been established.
(4)That the applicant is well qualified to further the goals and purposes of the Woodsy Owl campaign.
(5)That, when an exclusive license is requested, no other qualified applicant can be found who will provide comparable campaign support under a nonexclusive license.
(6)That such other conditions as the Chief may deem necessary in each case have been established.
(b)Requirements for exclusive licenses. Exclusive licenses when granted, shall conform to the following:
(1)A definite expiration date shall be specified based on the minimum time determined by the Chief to be needed by the licensee to introduce or popularize the item licensed and to recover the costs and expenses incurred in so doing.
(2)The Chief shall retain the independent right to use Woodsy Owl in any concurrent, noncommercial program, and to allow for the manufacture and sale of Woodsy Owl merchandise which, in his judgment, would not be in conflict with the licensed item.
(3)The licensee shall be required to have the licensed item available for sale, and promotion within a specified period, or show cause why this could not be done.
(4)The licensee shall be required to invest a specified minimum amount of money in the development, production, and promotion of the licensed item, as determined by the Chief to be necessary to insure that the licensee's use of Woodsy Owl will result in a substantial contribution to public information concerning pollution abatement and environmental enhancement.
(5)The Chief shall retain the right to revoke any license for failure of the licensee to comply with all the terms and conditions of the license.
(6)The licensee shall be required to submit periodic progress reports to apprise the Forest Service of his activities and progress in achieving stated objectives.
(7)The license shall not be subject to transfer or assignment, except as approved in writing by the Chief.
(8)The licensee shall not be authorized to grant sublicenses in connection with the manufacture and sale of the item, except as approved in writing by the Chief. \[37 FR 5700, Mar. 18, 1972, as amended at 40 FR 12641, Mar. 20, 1975\]